1044.08  CONSTRUCTION; PERMIT REQUIRED; PLANS; BOND; CERTIFICATE OF INSURANCE; INSPECTION FEE.
   (a)   No person shall construct in any street right of way a sewer, drain or water line, the cost of which is to be paid otherwise than by assessments upon the lots and lands benefitted by such construction, or out of a fund provided by taxation, or by the issuance of bonds, except by permission of Council by resolution or ordinance. No person shall be given permission as aforesaid to construct any such sewer, drain or water line until plans, profiles and specifications therefor have been approved by the City Manager or his or her authorized representative.
   (b)   Before a right-of-way permit, as provided herein, is issued, the applicant shall deposit with the City Manager a cash bond in an amount to be determined based on the conditions at the site, payable to the Municipality.  The required surety bond must be:
      (1)   With good and sufficient surety;
      (2)   By a surety company authorized to transact business in the State of Ohio;
      (3)   Satisfactory to the Solicitor in form and substance; and
      (4)   Conditioned upon the filling up, restoration and placing in a good and safe condition, as nearly as possible to its original condition, and to the satisfaction of the City Manager, of all excavations made in any street or alley, and upon the maintenance of any street or alley where excavations are made in as good a condition, within twelve months after such work is done, usual wear and tear excepted, as it was  in before such work was done. Any settlement of the surface within such twelve-month period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the Municipality if such repairs should prove defective. Any owner of real estate repairing or engaging another to repair his or her own sidewalk, as a result of water, sewer or storm sewer lateral repair, shall not be required to give such bond. In lieu of the bond hereinbefore provided, an annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified above and in other respects as specified above but applicable to all excavation work in a street right of way by the principal on such bond during the term of one year from the date. Recovery on such bond for any failure to complete work or for any defective work shall not exhaust the bond; it shall, in its entirety, cover any or all future repairs of defective work for the excavation work for which it is given.
   (c)   The contractor shall file with the Municipality a certificate of insurance showing that said contractor and any subcontractors who will perform work on the project are fully protected against all possible contingencies of public liability, property damage, etc., in the amount of one million dollars ($1,000,000) for each person, one million dollars ($1,000,000) for each accident and five hundred thousand dollars ($500,000) coverage of property damage for each accident, including completed operations. The certificate of insurance shall name the Municipality as being fully protected, including its officers and agents, from any and all claims, judgments or other costs arising from or connected with the excavation and other work covered by the excavation permit. The permittee shall hold the Municipality, its officers and agents harmless from any and all claims, judgments or other costs, including any deductible amount under the certificate of insurance issued in connection with the specific excavation, and the contractor, or its insurance company, shall defend the Municipality in the event of any suit or claim made by reason of the negligence or default of the permittee, without any cost to the Municipality.
   (d)   An inspection fee, to be determined based on conditions at the site, shall be paid for excavations described and referred to in subsection (a) hereof to the City Manager.
(Ord. 89-37.  Passed 7-3-89; Ord. 00-99.  Passed 8-2-00.)